CENTRAL ADMINISTRATIVE TRIBUNAL JAMMU BENCH, JAMMU (RESERVED)

Hearing through video conferencing Transfer Application No. 716/2022 Reserved on: - 15.07.2025 Pronounced on: - 16.12.2025 HON’BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)

HON’BLE MR. RAM MOHAN JOHRI, MEMBER (A)

Pawan Kumar, Age 51 years, S/o Late Sh. Babu Ram Gupta, R/o H.No.38, Choughan Salathia, Jammu.

…Petitioner (Advocate: - Mr. Anuj Dewan Raina)

Versus

1. State of Jammu & Kashmir Through Principal Secretary, Govt. of J&K, Home department, Civil Secretariat Jammu.

2. Director General of Police, J&K, Srinagar.

3. Addl. D.G.P, CID, J&K Srinagar.

…Respondents (Advocate:- Mr. Rajesh Thappa, AAG, Mr. H. Gupta, Ld. DAG)

ORDER Per: - Rajinder Singh Dogra, Judicial Member

1. The SWP No.3215/2015 was transferred from the Hon’ble High Court of Jammu & Kashmir at Jammu and was registered as T.A No.716/2022 by the Registry of this Tribunal.

2. The present matter was filed before the Hon’ble High Court seeking following relief: -

a) “Writ of Certiorari quashing Order No:2593 of 2015 dated

21.08.2-15 passed by respondents whereby the case of the petitioner for excel rated out of turn promotion has been rejected;

b) Further writ of mandamus commanding and directing the respondents to promote the petitioner in terms of the recommendations made in his favour Vide communication dated 24.01.1998 written by Addl. Superintendent of Police, CID, CIK Srinagar.

c) Further writ of mandamus commanding the respondent to give all consequential benefits to the petitioner after granting him out of turn promotion in terms of recommendations dated

24.01.1998.

3. The facts of the case as pleaded by the petitioner in his pleadings are as follows: -

a) The present Transfer Application arises out of SWP No.

3215/2015, which was originally filed before the Hon’ble High Court of Jammu & Kashmir at Jammu and subsequently transferred to this Tribunal upon constitution of the Central Administrative Tribunal, Jammu Bench. The petitioner, Pawan Kumar, seeks quashing of Order No. 2593 of 2015 dated 21.08.2015 whereby his claim for grant of excel-rated out-of- turn promotion was rejected by the respondents. He further seeks a direction to the respondents to promote him in terms of the recommendations allegedly made in his favour vide communication dated 24.01.1998, along with all consequential benefits.

b) The petitioner was appointed in the Police Organisation on

20.07.1985 in the pay scale applicable at the relevant time and was subsequently adjusted in the ministerial cadre. His pay scale was revised pursuant to SRO 370 of 1987. During the course of his service, the petitioner claims to have been entrusted with sensitive and risky assignments, particularly during the peak period of militancy, and asserts that he remained actively involved in collection of vital intelligence regarding activities of anti-national elements. He claims to have served with dedication and devotion and to have earned appreciation in the form of cash awards and commendation medals from time to time.

c) It is the specific case of the petitioner that while posted with the CID, his performance was consistently outstanding and that his role allegedly led to arrest of militants and recovery of arms and ammunition. On this basis, reliance is placed upon a communication dated 24.01.1998 purportedly issued by the Additional Superintendent of Police, CID, CIK Srinagar, wherein his case was recommended for out-of-turn promotion. According to the petitioner, despite the said recommendation and despite the policy of the respondents encouraging such officers through out-of-turn promotions, his case was not given due consideration.

d) The petitioner further asserts that the respondents have granted out-of-turn promotions to several police personnel, including on more than one occasion, even where such personnel did not perform any exceptional duties comparable to those performed by him. He alleges discriminatory and arbitrary treatment and contends that the denial o